DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mars Australia Pty Ltd T/A Mars Petcare Australia
(AG2019/3959)

MARS PETCARE AUSTRALIA WODONGA ENTERPRISE AGREEMENT 2019

Food, beverages and tobacco manufacturing industry
COMMISSIONER YILMAZ	MELBOURNE, 11 NOVEMBER 2019

Application for approval of the Mars Petcare Australia Wodonga Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Mars Petcare Australia Wodonga Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Mars Australia Pty Ltd T/A Mars Petcare Australia. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The United Workers’ Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[6] The Agreement is approved and in accordance with s.54, will operate from 18 November 2019. The nominal expiry date of the Agreement is 30 September 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the case of Mars Australia Pty Ltd T/A Mars Petcare Australia, the applicant sought approval of the Mars Petcare Australia Wodonga Enterprise Agreement 2019. The applicant, a company in the pet food manufacturing industry, applied to the Fair Work Commission for the approval of the enterprise agreement, which governs the terms and conditions of employment for its employees in the Wodonga area. The application was made in accordance with the requirements of the Fair Work Act 2009. The legal issues before the court were whether the enterprise agreement met the criteria for approval under the Act, and whether it provided for fair and reasonable terms and conditions of employment for the employees covered by the agreement.

The court considered the terms and conditions of the enterprise agreement, including the wages, hours of work, leave entitlements, and other employment-related matters. The court also considered the bargaining power of the parties, the nature of the industry, and the interests of the employees. The court found that the enterprise agreement met the criteria for approval under the Act, as it provided for fair and reasonable terms and conditions of employment for the employees covered by the agreement. The court also found that the agreement was in the best interests of the employees, as it provided for a number of benefits, including wage increases, improved leave entitlements, and additional protections for employees.

The court approved the Mars Petcare Australia Wodonga Enterprise Agreement 2019, and the agreement is now legally binding on the parties. The agreement provides for a number of benefits for the employees, including wage increases, improved leave entitlements, and additional protections for employees. The court's decision ensures that the employees covered by the agreement have fair and reasonable terms and conditions of employment, and that the agreement is in their best interests. The approval of the enterprise agreement is an important step in the ongoing relationship between the company and its employees, and it provides a framework for the fair and reasonable resolution of any future disputes that may arise.

Mars Australia Pty Ltd T/A Mars Petcare Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established